Lorain Law Firm Serving All of Ohio

The law firm of Miraldi & Barrett is dedicated to helping victims of car accidents, wrongful death, and personal injury claims.
  • Page 3
  • Gas station owner not liable for customer's injuries from oil spill. A gas station owner was not responsible for a patron's injuries when the patron slipped on an oil spill near the gas pumps. The court found that the condition was open and obvious and the patron should have discovered the condition on his own. As a result, the defendant owner had no duty to warn about it.
  • Age Discrimination Claim Not Established When the employer can demonstrate a legitimate, nondiscriminatory reason for discharging an older employee, the employee's claim for wrongful termination will fail.
  • Limitations on Recoverable Losses Responding to the concerns of the insurance industry, the Republican-dominated Ohio legislature in 2005 enacted damage limitations effective April 7, 2005. This statute takes away a jury's right to award the full amount of money for pain, scarring, permanent limitations, and other non-economic or intangible losses. In many cases, these losses are limited to $250,000 regardless of the amount the jury believed the person was entitled to recover.
  • Nursing Home Arbitration Provisions Nursing homes are adding mandatory arbitration provisions to their admission papers. These provisions routinely favor the nursing home because they deny the residents a right to a jury trial or the ability to get important information through a subpoena. Some Ohio courts are not enforcing these provisions because they are grossly unfair and are deemed unconscionable.
  • Open and Obvious Defects Provide Defense to Owners of Businesses A restaurant patron sued the restaurant for injuries she sustained when she fell when she got up from her booth that was located on a raised floor. The court of appeals agreed with the trial court that the step between the floor and the booth was an open and obvious danger and patron should have discovered this condition and protected herself.
  • Automobile insurance coverage: What Applies After the Car Crash? When a person is involved in a car crash, there are several types of insurance coverages that may be involved. This article explains liability, uninsured motorist, underinsured motorist, and medical payments coverage.
  • Tips on Handling Your Car Property Damage Claim When your car is damaged or deemed a total loss because of a collision, you are entitled to certain damages for the loss of your car. This may be the cost of repairs, the cost of a reasonable rental vehicle or if your car is a total loss, the difference between the fair market value immediately before the crash and the fair market value immediately after the collision. If you buy a replacement car within thirty days, you will be entitled to a recovery of sales tax, too.
  • Ohio Dog Bite Liability Questions and Answers After a person is attacked by a dog, getting proper medical attention quickly is critical. If there are lacerations, the victim or victim's family must insist on a plastic surgeon to perform the repair. Once emergency treatment is over, the attack victim must gather information about the dog, obtain names and addresses of witnesses to the attack, and information regarding the dog owner's potential insurance coverage. An attorney can be an invaluable aid in the investigation and protection of the victim's legal rights.
  • The Unwitnessed Fall The law firm of Miraldi and Barrett has handled a number of cases involving unwitnessed falls. Elderly people are at risk when they are not regularly monitored by the hospital and/or nursing home staff. Call us today at 1 800 589 3023 to discuss your options.
  • Automobile Full Coverage Full of Holes Insurance companies are including exclusions that take away any coverage for injuries sustained when a family member is negligent in operating a vehicle and injures another family member who is a passenger in the same vehicle. Although Ohio consumers believe that they are buying full coverage that would protect them in this situation, this is not the case.
  • Persistence Really Does Pay Off! In some cases, it takes persistence and perseverance to obtain justice. Ben Barrett, Sr., was able to win a substantial award for a client after a seven-year court battle. The client had been injured while on a construction site where a residential home was being built. The truss upon which he was standing, cracked and gave way, causing him to fall to the ground below.
  • York International Agrees to Settlement The law firm of Miraldi & Barrett represented the City of Elyria in a case against York International because York closed its plant in Elyria despite being given tax abatements. After the city sued York in federal court, York eventually agreed to pay a monetary settlement to resolve the issues in the lawsuit.
  • Advice from Experienced Attorneys The attorneys at Miraldi and Barrett believe, when you or a family member has been injured or killed in a crash or some other incident, it is important for you to have the best advice available in order to make the many important decisions. Call us today at 1 800 589 3023 for a free consultation.
  • Damages When Spouse is the Caretaker The Ohio Supreme Court recently decided that when a spouse takes time off from work to care for an injured spouse that this loss should be recovered as part of the claim. The spouse's losses are determined by calculating how much money the family would have spent if they had hired a nurse's aid or other medical provider to care for the injured spouse.
  • Effectively Presenting Claim to Insurance Company Providing insurance companies with short video settlement brochures is often an effective way to communicate unique losses in your claim. In this ten minute video, the client, spouse, friends and doctor explain how the injuries affected the client and will likely affect the client in the future.
  • Wrongful Termination Employment Law The law firm of Miraldi and Barrett has demonstrated their knowledge of Ohio Employment law through their proven results. There are exceptions to the "at will" doctrine that may allowed an employee who has been terminated to initiate a claim. Call us today at 1 800 589 3023 to discuss your options.
  • Searching For Insurance David Miraldi finalized the settlement in a death case where he was able to obtain insurance from an unlikely, but responsible source, and secure compensation for the victims family.
  • Lorain County Jury Awards $1,250,000 Ben Barrett Sr. represented a Lorain County woman who claimed that she was injured due to the negligence of her family doctor and other medical providers by their failure to timely diagnose a blood clot in her hand.